{"data":{"id":"us-ut/utah-code-17-61-402","jurisdiction":"us-ut","citation":"Utah Code § 17-61-402","heading":"Certification of returns -- Governor's proclamation of creation of new county -- Notice and plat to lieutenant governor -- Recording requirements -- Effective date.","body":"(1)\n(a) If a petition for the creation of a new county impacts only one seceding county, the proposition submitted to voters under Section 17-61-401 shall be approved by a majority vote of those voters who reside:\n(i) in the portion of the seceding county proposed as a new county; and\n(ii) in the remaining portion of the seceding county.\n(b) If a petition for the creation of a new county impacts more than one seceding county, the proposition submitted to voters under Section 17-61-401 shall be approved by a majority of those voters who reside:\n(i) in each portion of each seceding county proposed to be part of a new county; and\n(ii) in each remaining portion of each seceding county.\n(2) If it appears that any proposition submitted to the voters as provided in Section 17-61-401 has been approved as described in Subsection (1):\n(a) the lieutenant governor, upon receiving the certified report under Section 20A-4-304, shall certify the result to the governor; and\n(b) upon receiving the results from the lieutenant governor under Subsection (1)(a), the governor shall issue a proclamation, stating:\n(i) the result of the vote in each division of the county;\n(ii) the name and boundaries of the new county;\n(iii) the boundaries of a seceding county as changed by the creation of the new county;\n(iv) that the creation of the new county will take effect on the first Monday in January following the lieutenant governor's issuance of a certificate of creation under Section 67-1a-6.5;\n(v) the name proposed in the petition as the name of the new county; and\n(vi) the judicial district to which the new county belongs.\n(3) The legislative body of the county from which the greatest portion of the new county was taken shall:\n(a) within 30 days after the issuance of the governor's proclamation under Subsection (1), send to the lieutenant governor:\n(i) a copy of a notice of an impending boundary action, as defined in Section 67-1a-6.5, that meets the requirements of Subsection 67-1a-6.5(3); and\n(ii) a copy of an approved final local entity plat, as defined in Section 67-1a-6.5; and\n(b) upon the lieutenant governor's issuance of a certificate of creation under Section 67-1a-6.5, submit to the recorder of the new county:\n(i) the original notice of an impending boundary action;\n(ii) the original certificate of creation;\n(iii) the original approved final local entity plat; and\n(iv) a certified copy of the governor's proclamation under Subsection (1).\n(4)\n(a) The new county that is the subject of the lieutenant governor's certificate of creation under Section 67-1a-6.5 is a county of the state from and after January 1 following the issuance of the lieutenant governor's certificate of creation.\n(b)\n(i) The effective date of the creation of a new county for purposes of assessing property within the county is governed by Section 59-2-305.5.\n(ii) Until the documents listed in Subsection (2)(b) are recorded in the office of the recorder of the new county, the new county may not:\n(A) levy or collect a property tax on property in the county;\n(B) levy or collect an assessment on property in the county; or\n(C) charge or collect a fee for service provided to property within the county.","path":["Title 17 Counties","Chapter 17-61 County Boundaries","Part 17-61-4 Creating New Counties"],"source_url":"https://le.utah.gov/xcode/Title17/Chapter61/17-61-S402.html","current_through":"2026 General Session","vintage":"","retrieved_at":"2026-09-03T11:34:33Z","sha256":"d1e19c8c8292514ecba2f535ed6b2079114681bac02ad79ca84083eda9d14cec","source_id":"us-ut","stale":false,"prev":"us-ut/utah-code-17-61-401","next":"us-ut/utah-code-17-61-403"},"notice":"GroundRules: Original legal text. Not legal advice."}